“If no 710.30 notice was given to me fifteen days after arraignment, can a witness still testify against me?”

Andrew Tabashneck Attorney in Buffalo New York

Andrew Tabashneck attorney in Buffalo New York who specializes in Criminal Defense

The above-referenced 710.30 notice, 710.30(1)(a) to be exact, applies to statements made by the accused while he or she was in custody and questioned by police. The notice applies to identification procedures arranged by police. Accordingly, if there is no statement or police arranged identification procedure, then the Prosecution need not provide the accused with notice under 710.30. Importantly, to prevent the Prosecution from introducing such evidence, your Buffalo Criminal Defense Attorney must make the proper motion at the appropriate time.


If the prosecution wants to introduce such a statement or offer testimony of an identification procedure at trail, the accused must receive notice of the prosecution’s intent within 15 days of the arraignment. However, it is important to consider the 15 day time-period is different for misdemeanors and felonies. In the case of a felony, the 15 day time period is not triggered until after the accused has been indicted and then arraigned on the indictment.

If you have a question, contact Andrew Tabashneck esq

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s